Marriage is a beautiful union based on love, trust, and shared goals — but it’s also a legal contract. For LGBTQ+ couples, the legal system hasn’t always provided equal protection, which makes thoughtful planning even more important.
That’s where prenuptial and postnuptial agreements come in.
Whether you’re planning to get married or are already married, a pre- or post-nup can offer peace of mind and help ensure that your rights, assets, and intentions are protected — no matter what the future holds.
💍 Why Prenups and Postnups Matter for LGBTQ+ Couples
Even after the legalization of same-sex marriage, the legal landscape for LGBTQ+ couples remains complex. Issues like non-biological parenting, past domestic partnerships, and financial disparities can present unique challenges in a separation or divorce.
Here’s why a prenuptial or postnuptial agreement is worth considering:
1. Clarifies Financial Expectations
Prenups and postnups allow couples to outline how assets, debts, and income will be handled during the marriage — and in the event of a divorce. This can be especially helpful if one partner owns a business, has family wealth, or expects a future inheritance.
2. Protects Property and Assets
These agreements help prevent disputes over property division by clearly defining what’s considered separate and marital property. For LGBTQ+ couples who may have brought assets into the relationship before marriage equality was legal, this clarity is critical.
3. Supports Estate Planning
Prenups can complement your estate plan by reinforcing how you want assets to be distributed. This is especially important for couples who have children from prior relationships or want to ensure financial support for extended family.
4. Minimizes Legal Uncertainty
Courts don’t always interpret family dynamics the way couples intend. A well-crafted agreement gives you more control over your future and helps avoid relying solely on default state laws that may not reflect your values or relationship history.
5. Promotes Healthy Communication
While it may feel uncomfortable at first, discussing a prenup can actually strengthen your relationship. It opens the door to honest conversations about money, goals, and expectations — all essential for a healthy partnership.
🏳️🌈 Designed for Your Unique Needs
At Jacobson Family Law, we understand that LGBTQ+ couples often face legal blind spots that others don’t. We specialize in creating personalized, enforceable prenuptial and postnuptial agreements that reflect your values and protect your peace of mind — without the drama.
Want to learn more about navigating legal issues unique to LGBTQ+ families?
🎧 Tune in to our podcast, Divorce Diaries: Lessons from the Trenches, where we break down real-life family law topics with expert guests — and a drama-free approach.
✅ Ready to Protect Your Future?
If you’re engaged, married, or simply exploring your options, now is the perfect time to start the conversation. Our team is here to walk you through the process with compassion, clarity, and experience.
👉 Schedule a consultation today and take the first step toward protecting your relationship, your rights, and your future.
To learn more about approaching pre-nup topics and to gain clarity on the true purpose and benefits of pre-nuptial agreements, download the comprehensive guide to pre-nuptial agreements from our Stan Store.
